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Criminal Proceedings etc. (Reform) (Scotland) Act 2007

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This is the original version (as it was originally enacted).

77Records and validity of appointment etc.

This section has no associated Explanatory Notes

(1)The Scottish Ministers are to maintain (in such form as they consider appropriate)—

(a)a list of all persons holding office as a JP or stipendiary magistrate,

(b)a record of—

(i)the instruments of appointment of those persons,

(ii)any order removing a JP or stipendiary magistrate from office.

(2)The Scottish Ministers are to send to the clerk of each sheriff court a copy of the list and record mentioned in subsection (1) so far as relating to JPs and stipendiary magistrates appointed for the sheriffdom containing that sheriff court.

(3)Where a sheriff clerk is sent a copy of something under subsection (2), the clerk is to make it available (in such form as the clerk considers appropriate) for public inspection.

(4)No appointment of a JP, nor any act of a JP, is invalidated solely because—

(a)provision made under section 67(5) is not complied with,

(b)the residential requirement referred to in section 68(1) is not met, or

(c)a condition imposed under section 68(2) is not met.

(5)No appointment of a stipendiary magistrate, nor any act of a stipendiary magistrate, is invalidated solely because—

(a)provision made under section 74(9) is not complied with, or

(b)a condition imposed by virtue of section 75(3)(a) is not met.

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